July 5th, 2007 01:51 PM
1943 - 2009
More Madness In The PRM
You folks in Maryland aren't going to like this!
(2007-7-1) MSP has quietly notified dealers around the state that new restrictions on purchase of regulated firearms (handguns and select long guns) will take effect on August 1. Starting that date, any application to purchase such firearms will be administratively denied if it does not contain a release authorizing police to access medical records which may be on file at any state agency – or at any agency anywhere – in order to decide if the applicant is eligible to possess a gun. MSP will now assess your mental health when it decides whether to approve your purchase.
Federal and state laws already define a bright-line standard for what constitutes a mental health gun disability, and legal records documenting someone's inability to possess a gun are already available to police (soon to be federally available under NRA-backed legislation now in Congress.) Maryland already did careful upgrading of its system for reporting gun disabilities, after a high-profile failure (over protective orders) several years ago. Unlike Virginia, we didn't need a tragedy (like Virginia Tech) to expose ‘loop holes' in record keeping.
Consequently, the present step represents a vast police overreach clearly intended to increase barriers to lawful gun ownership. Information which MSP may request from an applicant is specific and defined in law. The new policy goes far beyond what the law defines, and it lacks any legal authority. (They didn't even bother to cover their power grab with the veneer of credibility by proposing a new regulation.) MSP demands that applicants give up a Fifth Amendment right against self incrimination, and they violate federal HIPAA rules on use of medical information.
Who needs a General Assembly when police can make up laws whenever they want?
Depending on how extensive a bureaucratic game MSP wants to play, the ‘one week' waiting period could become a thing of the past. Few medical records are consolidated in one place for electronic access; an investigator asked to exercise discretion on some applicant's mental health could take months researching paperwork. Moreover, MSP's track record in exercising discretion is poor. They already take it upon themselves to judge “need” for carry permits. Now they may take it upon themselves to judge mental health, going far beyond the bright line standard in law.
Apologists already argue this authorizes a check of only mental health records, but the truth is, Maryland makes no distinction in law. Any medical record police deem useful to making a determination will be opened, and with your signature you agree that MSP can use the data for whatever prosecution might follow if they choose. What nervous conditions will MSP judge inappropriate for approval? Will patients showing early signs of Alzheimer's or Parkinson's be denied? MSP will know when they see it, just like they create laws to enforce when they want them.
When you’re wounded and left on Afghanistan’s plains,
And the women come out to cut up what remains,
Just roll to your rifle and blow out your brains,
And go to your God like a soldier.
July 5th, 2007 02:03 PM
Good grief, do we even live in the United States of America anymore?
July 5th, 2007 02:15 PM
That is totally despicable and almost transparently another way to deny purchases.
Let us suppose folks making application get this .....
Week one - "We are waiting for records to come thru"
Week two - "We are waiting for records to come thru"
Month one - "We are waiting for records to come thru"
Month two - "We are waiting for records to come thru"
Year one - "We are waiting for records to come thru"
Get my (cynical) drift??
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
- a portal for 2A links, articles and some videos.
July 5th, 2007 02:16 PM
Blessed be the Lord my rock who trains my hands for war and my fingers for battle. Psalm 144:1
Si vis pacem, para bellum
July 5th, 2007 02:18 PM
July 5th, 2007 02:23 PM
VERY possible... It's already happening here in NY... "It takes the FBI a long time to process the fingerprints" There are a few people on here that are from Monroe county...what it's generally a very good county for CCW permits it can take them 9+ months just to approve a permit. During that time you can not even possess a handgun so it seems similar to the MD deal.
Originally Posted by JD
July 5th, 2007 02:34 PM
Thats just a bunch of crap. This is just another step in being able to disarm all of us. Im seriously starting to think the only way to solve all the problems with this goverment now is another revolution, which is sad .
He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.
Friedrich Nietzsche, Beyond Good and Evil, Aphorism 146
German philosopher (1844 - 1900)
July 5th, 2007 03:17 PM
Yup! Heard this about a week ago. It also means another form to fill out when you are getting your gun. [SARCASM] It takes about a hour now, so what's a few minutes more![/SARCASM]
EOD - Initial success or total failure
July 5th, 2007 03:43 PM
Guess I need to make a call to my folks in Annapolis and see what the H E double hockey stix is going on!!!!
July 5th, 2007 04:06 PM
So much for medical confidentiality.
I guess the big daddy government can decide if that's a right you get to continue to have.
I don't see them ordering government access to medical records for people to get DRIVERS LICENCES, and not only do cars kill more people each year than guns do, no one has a constitutional right to drive a car.
This is deplorable.
July 5th, 2007 09:54 PM
It's kind of a shame we are all genetically programmed to be decent, law abiding citizens. There is no records problem or delays if you have the money and purchase from the ‘alternative’ market.
"If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan
July 6th, 2007 09:15 AM
Just thought I'd add a link to a short article on this new regulation.
EOD - Initial success or total failure
July 6th, 2007 11:30 AM
I came to that conclusion a while back. Sad, but true. Unfortunately, it's not inevitable.
Originally Posted by GotSig?
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